What is this lawsuit about?
Plaintiff alleges that Checkr violated the Fair Credit Reporting Act (“FCRA”) by allegedly producing background reports on individuals containing non-conviction information older than seven years from the date of the report. Plaintiff alleges that this reporting caused him harm and violated the law.
Checkr vigorously denies the Plaintiff’s claim and denies all liability to Plaintiff and the Class. Checkr denies that it has violated the FCRA in any manner whatsoever, and has raised a number of defenses to the claims asserted. In particular, Checkr maintains that the background reports it produced fully complied with the FCRA and that its reports did not harm anyone.
The Parties are settling the lawsuit to avoid the risks, uncertainties and expenses associated with contested litigation. No court has found Checkr to have violated the law in any way. No court has found that the Plaintiff or the Class could recover any amount in this lawsuit.
Who is included?
You are part of the Settlement Class if you are a person upon whom Defendant produced a report from July 28, 2015 to March 20, 2018 and the report included records older than seven years, which included the following terms in the “charge type” field: “infraction,” “ordinance,” “violation,” “petty offense,” “traffic,” “citation,” and/or “civil.”
You are among the approximately 56,629 Class Members entitled to receive an automatic payment if you are an individual (1) upon whom Defendant produced a consumer report between July 28, 2015 and March 20, 2018; and (2) the report included a North Carolina, Florida, or Virginia record of an “infraction” older than seven years from the date of the report; and/or the report included infraction or other qualifying low-level offense records older than seven years, you disputed information on the report, and the dispute resulted in a change to the entries on the report which were more than seven years old. This group of individuals is known as the Class Members Entitled to Autopay, and if you are in this group you will receive an automatic payment so long as you do not opt out of the Class or object to this settlement. If you are not a Class Member Entitled to Autopay you must submit a Claim Form to receive a payment.
If you have received the email or Postcard Notice, Checkr’s records indicate you are a member of the Settlement Class. The email or Postcard Notice will tell you if you are a Class Member Entitled to Autopay (in which case you do not need to submit a Claim Form) or are not a Class Member Entitled to Autopay (in which case you do need to submit a Claim Form if you want a payment). If you are not certain as to whether you are a Class Member, or whether you are required to file a Claim Form, you may contact the Settlement Administrator to find out. The Administrator can be reached at 1-833-747-6674. The question of class membership will be determined based on Checkr’s records and investigation.